Presentation on theme: "BUSINESS LAW ESSENTIAL STANDARD 1.00 OBJECTIVE 1.03 Understand Criminal and Civil Laws."— Presentation transcript:
BUSINESS LAW ESSENTIAL STANDARD 1.00 OBJECTIVE 1.03 Understand Criminal and Civil Laws
Elements of Crime Criminal Act- An act that is punishable offense against society. Elements of Criminal Acts: 1) Whether you were aware of your duty to do or not to do a specific thing 2) Whether you performed an act or omission on violation of that duty 3) Whether or not you had criminal intent Required state of mind- Determining if the defendant intended to commit the act and intended to do evil.
Basic Crime Classifications Felony- Punishable by confinement for more than a year in a state prison or by a fine more than a $1000, or both. Misdemeanor- A less serious crime that is usually punishable in a local jail for less than one year, or by a fine or both. Infraction- A noncriminal violation of law not punishable by imprisonment.
Crimes Murder- The intentional killing of another person. 1 st Degree Murder- Willful, deliberate, and premeditated killing of another person either directly or through another felonious act. 2 nd Degree Murder- An inherently dangerous act or omission, done in such a reckless and wanton manner without regard for human life. Voluntary Manslaughter- The killing of another person with malice or intent. Robbery- The wrongful taking of property from another person by threat or the actual use of force, violence or a weapon.
Specific Crimes (continued) Rape/Sex Offenses: Statutory Rape- If the defendant engages in a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person. Date Rape- Victim is unconscious or physically unable to resist an act a sexual act or communicate unwillingness to submit to an act of vaginal intercourse or a sexual act.
Crimes (continued) Assault: Simple Assault- An attempt to commit a battery against another person. Battery- The unlawful touching or forceful striking of another person using a hand, a weapon or other instrument. Aggravated Assault- A person that i nflicts serious injury upon another person or uses a deadly weapon. Note: N.C. Assault Statutes do not distinguish between assault and battery as both are included as part of the assault criminal statute.
Crimes (continued) Kidnapping- The unlawful removal or restraint of a person against his or her will. Domestic Violence: N.C. Domestic Violence Laws Domestic Victim Defined: Current or former spouses. Related as parents and children. Current or former household members. Persons who are in a dating relationship.
Crimes (continued) Criminal Law Process-Requirements: Domestic violence means the commission of one or more of the following acts: Attempting to cause bodily injury, or intentionally causing bodily injury. Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment.
Specific Crimes (continued) Civil Law Process- Requirements: The court from specific facts shown, may enter an order as it deems necessary to protect the plaintiffs if there is a danger of acts of domestic violence against them from a defendant.
Crimes (continued) Burglary- Any person who breaks or enters any building with intent to commit any felony or larceny therein. Larceny- Occurs where the value of the property or goods is not more than one thousand dollars ($1,000). Vandalism- Willful or malicious damage to property. Arson- Willfully setting fire to or cause to be burned any building or structure of any type. Embezzlement- Fraudulently or knowingly and willfully misapplying or converting any item of monetary value to one’s own use.
Specific Crimes (continued) Fraud- Using deception to obtain money or property. Money Laundering- Illegally obtained money is put into or through a business to hide it’s origin. Forgery- Placing a false signature on a check or other document in order to deceive or deprive someone of their property. Treason- Giving aid and comfort to enemies of the United States. Perjury- When a person lies during a court or administrative process. Obstruction of Justice- When a persons does something that hinders the court to move forward in a case. Bribery- Giving money or property to a public official in for a favor. Contempt of Court- When a person ignores a court order or shows a lack of respect for the court.
Civil Laws Tort- A private wrong committed by one person against another. Elements of a Tort: Duty- Obligation to use a reasonable standard of care to prevent injury to others. Breach- Break or breach duty to another person. Causation- That breach of duty caused the injury. Proximate Cause- Reasonably foreseeable that a breach of duty will result in an injury. Vicarious Liability- A person is liable for the torts of another. Actual Harm- Injury caused and property is destroyed or loss of monetary value.
Civil Laws Assault- When one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact. Battery- The harmful or offensive touching of another. False Imprisonment- The intentional confinement of a person against the person’s will and without the lawful ability to do so. Defamation- A false statement that injures a persons’ reputation or good name. Invasion of Privacy- Uninvited intrusion into a ones’ personal relationships and activities.
Civil Law Trespass to Land- Entry onto the property of another without consent. Conversion- When property is stolen, destroyed or used in a manner that is inconsistent with an owner’s rights. Interference with Contracts- If a third party encourages a breach in any way, then that third party may be liable in tort. Fraud- Occurs when there is an intentional misrepresentation of an existing important fact (that is a lie) which causes the victim to give up a right or something of value.
Civil Law Negligence- A tort that results when a person carelessly injures another. It is an accidental tort and requires no intent. Elements of Negligence: The defendant owed the plaintiff a duty of care. The defendant breached that duty by being careless. The defendant’s carelessness was the proximate cause of harm. The plaintiff was really hurt by the defendant’s carelessness.
Civil Law Defenses to Negligence: Contributory Negligence- The defendant can show that the victim did something that helped cause his or her own injuries. Comparative Negligence- When the carelessness of each party is compared to the other party’s carelessness. Assumption of Risk- When the plaintiff knew of the risk involved and still took the chance (assumed risk) of being injured.
Civil Law Civil Remedies Court Injunctions- Court order that prevents a party from performing a specific act and may be temporary or permanent. Damages- A payment recovered in court by a person who has suffered an injury.
Civil Law Alternative Dispute Resolution- Resolving a disagreement outside of the usual court system: Mediation- When parties to a dispute invite a mediator, to help solve the problem. Advantage- final decision remains in the hands ofthe parties. Arbitration- Giving the power to settle their dispute to a third party. Advantage- often results in a fair solution because the decision is in the hands of an objective third party.